Motion for Leave to File Amended Complaint
Counsel for Defendants submits a declaration stating that after Defendants filed their answer on 9/30/25, counsel conducted further investigation into the facts and circumstances of Plaintiff’s employment with Defendants, including reviewing employment records, wage statements, communications between the parties, and witness statements. (Carey Decl., ¶ 5.)
Based on this investigation and legal research, counsel determined Defendants have valid cross-claims against Plaintiff arising from the same employment relationship and the same factual circumstances alleged in Plaintiff's Complaint. (Carey Decl., ¶ 6.) Defendants then filed the instant motion on 1/27/26.
Defendants further contend the proposed cross-complaint arises from the same operative facts as Plaintiff’s complaint and that the case is still in its early stages with ongoing discovery and no trial date. (Carey Decl., ¶¶ 12, 14.) The Court does not find Defendants have acted in bad faith.
To the extent Plaintiff contends the causes of action in Defendants’ proposed cross-complaint are subject to California’s Anti-SLAPP statute and/or demurrer, “a party that unsuccessfully opposes a motion for leave to file an amended complaint or cross-complaint has the right to demur to the new pleading after it is filed.” (Talbott v. Ghadimi (2025) 109 Cal.App.5th 967, 976, fn. 7 [citations omitted].)
Tentative Ruling: The Court GRANTS Defendants New Life Treatment Center, Inc. and Mary Malek’s motion for leave to file a cross-complaint against Plaintiff Sheyda Morales Cadenas. Defendants are ORDERED to file the cross-complaint within ten (10) days
4 Gunbilir vs. Ed's Detail Motion for Leave to File Amended Complaint Inc. Isganuhi Suna (“Suna”), Successor Trustee of the Kirkor Gunbilir Revocable Living Trust Dated March 4, 2019, seeks leave to amend the Complaint to be substituted as Plaintiff in place of Nerses Gunbilir, former Trustee of the Gunbilir Trust, and to attach the appropriate Lease Agreement as Exhibit “A”.
The court may, in the furtherance of justice, and on such terms as may be proper, allow amendment of a complaint at any time before or after commencement of trial. (Code Civ. Proc. §§ 473(a)(1), 576.) There is a general policy of great liberality in allowing amendment of pleadings at any stage of the litigation to allow cases to be decided on their merits. (
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Further, under Code of Civil Procedure section 368.5, an action or proceeding does not stop by the transfer of an interest in the action. Section 368.5 allows the court to consent to a person to whom the transfer is made, to be substituted in the action in his/her place. Code of Civil Procedure section 375 provides “[a]n action or proceeding does not abate by the disability of a party. The court, on motion, shall allow the action or proceeding to be continued by or against the party's representative.
Here, after Nerses returned to his homeland of Turkey, the Probate Court granted a Petition for an Order Regarding Construction of Trust Instrument and Confirming Appointment of Successor Trustee of the Gunbilir Trust (“Petition”) on or about November 12, 2024. (Ozhekim Decl., ¶7, Ex. 3.) The Probate Court ruled that Suna was the Successor Trustee of the Gunbilir Trust. (Ibid.) Thus, Suna has satisfied the requirements of sections 368.5 and 375 to be substituted as the Plaintiff.
In addition, Suna has established it is necessary to amend the Complaint to attach the correct Lease Agreement. The Lease Agreement currently attached as Exhibit A to the Complaint is a sublease for the Property rather than the actual lease with the Defendants. (Ozhekim Decl., ¶9, Ex. 2.) Defendants have not filed an opposition and therefore have not shown they will be prejudiced by the amendment. The motion complies with California Rules of Court, Rule 3.1324. In California, the general policy favors leave to amend.
Tentative Ruling: The Motion for Leave to Amend the Complaint is GRANTED. Suna is ordered to file the First Amended Complaint within 10 days.
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